In ECLI:NL:GHAMS:2023:887 (parties names anonymised given the nature of the case; husband and wife have been divorced under civil law since 2018; the ex-husband is domiciled and lives in France; the ex-wife is also domiciled in France yet is habitually resident in Israel) the courts at Amsterdam held upon appeal that the mere rabbinical (Conference of European Rabbis) instruction for a husband to appear before the Amsterdam Beth Din so as to grant get to his wife, does not suffice to make Amsterdam either locus delicti commissi or locus damni.
The French courts have already granted damages to the wife on the basis of the husband’s continued refusal to engage with the Beth Din. Authority referred to viz A7(2) BIa includes CJEU Vereniging van Effectenbezitters, and leads the court to conclude that Amsterdam is not a new locus delicti commissi viz the husband’s continued refusal to engage with the religious courts, but rather a continuation of the same delicti commissi which led to the French allocation of damages [3.11]. [3.12] the wife’s Mozaik reference to CJEU Shevill is not accepted with reference to the possibility under Jewish law of other Beth Dins to have jurisdiction in the case.
On locus damni and per CJEU Universal Music, I understand the reluctance to identify Amsterdam as locus damni given the lack of links between the case and the parties, to The Netherlands. Per CJEU Ofab I would suggest however that a different outcome on locus delicti commissi could have been possible.
Geert.
EU Private International Law, 3rd ed. 2021, 2.432 ff.
gavc law - geert van calster 